Family Medical Leave Act (FMLA) entitles employees to take up to 12 work weeks of unpaid, job-protected leave each year for specified family and medical reasons.

Employee Eligibility:

To be eligible for FMLA benefits, an employee must (1) have worked for USD 262 Valley Center Public Schools for at least 12 months; and (2) have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave.

USD 262 Procedures:
(1) Notify your principal/director/supervisor as soon as possible of need to take leave of more than three (3)calendar days from work.
(2) Fill out the FMLA Leave of Absence Request Form (Certified) (Classified)
(3) Return the form to Carla Clark, HR Administrative Assistant, at the District Office, to begin the paperwork process.

Employee Responsibilities:

Provide notice to your employer of the need for leave; (a) for leave that is foreseeable – 30 days’ notice (b) for leave that is unforeseeable – as soon as possible (c) comply with USD 262 Valley Center Public School’s rules for requesting leave.

Advise your principal/director/supervisor if leave is to be taken intermittently or on a reduced leave schedule basis.

Provide medical certification for leave taken as a result of a serious health condition (see definition below) requiring absence of more than three (3) calendar days from work.

Leave Entitlement:

A covered employer must grant an eligible employee up to a total of 12 work weeks of unpaid leave during any 12-month period for one or more of the following reasons:

For incapacity due to pregnancy, prenatal medical care or child birth;
To care for the employee’s child after birth, or placement for adoption or foster care:
To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or
For a serious health condition that makes the employee unable to perform the his/her job.

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities

Military Family Leave Entitlements:

Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exitgencies. Qualifying exitgencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is:
(1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness*; or
(2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.*

*The FMLA definitions of "serious injury or illness" for current service members and veterans are distinct from the FMLA definition of "serious health condition."

Use of Leave

An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operation. Leave due to qualifying exitgencies may also be taken on an intermittent basis.

Benefits and Protections

During FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.